alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
T hi s di s pos i t i on i s notappr opr i a t e f orpubl i c a t i on and i s notpr e c e de nt * e xc e pta s pr ovi de d by9th C i r . R . 36- 3.

T he pa ne l una ni m ous l yc onc l ude s thi s c a s e i s s ui t abl e f orde c i s i on ** w ith o u t o r a l ar g u m e n t. See F ed. R . A pp . P . 34 (a )( 2). NOT F OR P UB L I CAT I ON UN I TE D STATE S C OU RT OF APPE ALS FOR T HE NI NTH CI RC UI T J OA QU I N A . HERNAN DEZ, P et i t i on er , v. E R I C H . H O L D E R , J r ., A tto rn e yG e n e r a l, R e s p o n d e n t. N o. 07- 72256 A ge nc yN o. A 094- 160- 355 ME MOR AN DU M *

O n P e t i t i on f

orR e vi e w of

a n O r de rof

the B o a r do f I m m ig r a tio n A p p e a ls S ubm i tt e d N ove m be r16, 2010 ** B efo re: T A S H IM A , B E R Z O N , an dC L IF T O N , C i rcu i tJu d g es. Jo aq u i n A . H ern an d ez, a n at i v e an dci t i zen o f E l S al v ad o r, p et i t i o n s p ro se f orr e vi e w of

the de c i s i on of

the B oar d of

I m m i gr a t i on A ppe a l s ’ or de rdi s m i s s i ng hi s appe a l f

r om a n i m m i gr a t i on j udge ’ s de c i s i on de ny i ng hi s appl i c a t i on f or a s y lu m a n dw ith h o ld in g o f r e m o v a l. W e h a v e ju r is d ic tio n u n d e r8 U .S .C . § 1 2 5 2 .



# FI LED FEB 22 2 011 M OLLY C. DW Y ER, CLERK U . S. C O U R T OF APPE ALS07- 72256 2 W e r e v ie w f

o rs ub s tan tia l e v id e n c e f a c tu a l f in d in g s , Sa ntos-L em us v. Mukasey , 542 F . 3d 738, 742 ( 9th C i r . 2008) , a nd w e de nythe pe t i t i on. S ub st ant i alevi dence s up po rt s the agency’ s det erm i nat i on thatH ernand ez f a ile dto e s tab lis h th a t h e s u f f e r e dp a s t p e r s e c u tio n b yth e g o v e rn m e n t o rg u e r illa s . Se e Na g o u lko v . I

NS , 33 3 F . 3d 10 12 , 10 17 (9th C i r. 20 03 ). S ub st ant i alevi dence a l s o s upport s the a ge nc y ’ s de t e rm i na t i on tha tH e rnande z f a i l e d t o e s t abl i s h ane xus be tw e e n the pe r s e c ut i on he f e a r s f r om ga ng m e m be r s i n E l S a l va dora nd a s ta tu to r ilyp r o te c te dg r o u n d . See B arri os v. H older , 58 1 F . 3d 84 9, 85 4-56 (9th C i r. 20 09 ). B ec ause H ernand ez fa i l ed t o d em on strat e per se cut i on or a w el l foun ded fe arof future pers ec ut i on on ac coun tof a prot ec t ed grou nd , w e deny the pet i t i on as to h is a s y lu m a n dw ith h o ld in g o f r e m o v a l c la im s . Se e N a g o u lko , 333 F . 3d a t1018; B arr i os , 581 F . 3d a t586. PETI TI O N ER FO R R EVI EW D EN I ED .
DEPARTMENT OF HEALTH & HUMAN SERVICES Public Health Service

 

 National Institute for Occupational

 Safety and Health

 Robert A. Taft Laboratories

 4676 Columbia Parkway

 Cincinnati, OH 45226-1998

 Phone: 877-222-7570

 Fax: 513-533-6826

 

 August 24, 2010 

SEC Tracking Number: SEC00167 

Ms. Rachel Leiton

Division of Energy Employees Occupational 

 Illness Compensation 

U.S. Department of Labor 

Room C-4511 

200 Constitution Avenue, N.W. 

Washington, D.C. 20210 

Dear Ms. Leiton:

On behalf of the Secretary of the Department of Health and Human Services (HHS), and as required 

by 42 C.F.R. § 83.17(d), I am notifying you of the final effect of the HHS decision to designate a 

class of employees from the Downey Facility in Los Angeles County, California, as an addition to 

the Special Exposure Cohort (SEC) under the Energy Employees Occupational Illness 

Compensation Program Act of 2000. On July 13, 2010, as provided for under 42 U.S.C. § 7384q(b), 

the Secretary of HHS designated the following class of employees as an addition to the SEC: 

All employees of the Department of Energy, its predecessor agencies, and 

their contractors and subcontractors who worked at the Downey Facility in 

Los Angeles County, California from January 1, 1948 through December 

31, 1955, for a number of work days aggregating at least 250 work days, 

occurring either solely under this employment or in combination with 

work days within the parameters established for one or more other classes 

of employees included in the Special Exposure Cohort. 

This designation became effective on August 12, 2010, as provided for under 42 U.S.C. § 

7384l(14)(C). Hence, beginning on August 12, 2010, members of this class of employees, defined 

as reported in this notice, became members of the SEC.

 Sincerely,

 [Signature on file]

 Stuart L. Hinnefeld, Interim Director

 Division of Compensation Analysis and Support 

 National Institute for Occupational Safety and Health
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of the Interior

###### U.S. Geological Survey

# AGENCY:

U.S. Geological Survey.

# ACTION:

Notice of meeting. 

# SUMMARY:

Pursuant to Public Law 106-503, the Scientific Earthquake Studies Advisory Committee (SESAC) will hold its 17th meeting. The meeting location is the U.S. Geological Survey, John Wesley Powell National Center, Room 1B215, 12201 Sunrise Valley Drive, Reston, Virginia 20192. The Committee is comprised of members from academia, industry, and State government. The Committee shall advise the Director of the U.S. Geological Survey (USGS) on matters relating to the USGS's participation in the National Earthquake hazards Reduction Program.

The Committee will receive updates and provide guidance on Earthquake Hazards Program activities and the status of teams supported by the Program.

Meetings of the Scientific Earthquake Studies Advisory Committee are open to the public.

# DATES:

February 19, 2008, commencing at 8:30 a.m. and adjourning at 5 p.m.

*Contact:*                         Dr. David Applegate, U.S. Geological Survey, MS 905, 12201 Sunrise Valley Drive, Reston, Virginia 20192, (703) 648-6714,                         *applegate@usgs.gov*.                    

Dated: January 24, 2008.

Peter Lyttle,

Acting Associate Director for Geology.

[FR Doc. 08-425 Filed 1-30-08; 8:45 am]

BILLING CODE 4311-AM-M
* Pursuant to 5TH CIR. R. 47.5, the court has determined that

this opinion should not be published and is not precedent except

under the limited circumstances set forth in 5TH CIR. R. 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 00-21044

Conference Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

EDGARDO GARCIA CASTELLANOS,

Defendant-Appellant.

--------------------

Appeal from the United States District Court

for the Southern District of Texas

USDC No. H-99-CR-417-1

--------------------

August 23, 2001

Before KING, Chief Judge, and POLITZ and PARKER, Circuit Judges. 

PER CURIAM:*

 The Federal Public Defender appointed to represent Edgardo

Garcia Castellanos has moved for leave to withdraw and has filed

a brief as required by Anders v. California, 386 U.S. 738 (1967). 

Castellanos has received a copy of counsel’s motion and brief,

but has not filed a response. Our independent review of the

brief and the record discloses no nonfrivolous issue. 

Accordingly, counsel’s motion for leave to withdraw is GRANTED,

counsel is excused from further responsibilities herein, and the

APPEAL IS DISMISSED.
IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-59,823-07

EX PARTE JAMES DOUGLAS JONES, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 2003-197D IN THE 421ST DISTRICT COURT

FROM CALDWELL COUNTY

Per curiam.

O R D E R

Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the

clerk of the trial court transmitted to this Court this application for a writ of habeas corpus. Ex parte

Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of aggravated

assault on a public servant and sentenced to twenty-five years’ imprisonment. The Third Court of

Appeals affirmed his conviction. Jones v. State, No. 03-08-00683-CR (Tex. App.—Austin Nov. 20,

2009) (not designated for publication).

On February 2, 2016, after we received this application, the Caldwell County District

Attorney’s Office advised this Court that the trial court intended to hold an evidentiary hearing,

appointed counsel to represent Applicant, and signed a bench warrant for Applicant’s return to
2

Caldwell County. The District Attorney’s Office urged this Court to remand this application to the

trial court. 

We remand this application to the 421st District Court of Caldwell County to allow the trial

court to complete an evidentiary investigation and enter findings of fact and conclusions of law.

This application will be held in abeyance until the trial court has resolved the fact issues. The

issues shall be resolved within 90 days of this order. A supplemental transcript containing all

affidavits and interrogatories or the transcription of the court reporter’s notes from any hearing or

deposition, along with the trial court’s supplemental findings of fact and conclusions of law, shall

be forwarded to this Court within 120 days of the date of this order. Any extensions of time shall

be obtained from this Court. 

Filed: February 24, 2016

Do not publish
Exhibit 32.2

CERTIFICATION PURSUANT
TO 18 U.S.C. SECTION 1350 AS ADOPTED PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the
amendment to Annual Report of China Fruits Corporation (the "Company") on Form 10-K/A for the year ended December 31,
2010 as filed with the Securities and Exchange Commission (the "Report"), the undersigned, in the capacities and on the
dates indicated below, hereby certifies pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley
Act of 2002, that to my knowledge:

| | 1. | The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and                               
| | -- | ----------------------------------------------------------------------------------------------------------------------------------------------------
| |    |                                                                                                                                                     
| | 2. | The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.





Date: May 17, 2011



By: /s/ Li, Lin Feng

Li, Lin Feng

Chief Financial Officer
[Federal Register Volume 75, Number 13 (Thursday, January 21, 2010)]
[Notices]
[Page 3461]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-1010]


-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EC10-27-000]


Empire Generating Co, LLC; Notice of Filing

January 13, 2010.
    Take notice that on January 11, 2010, Empire Generating Co, LLC 
filed a clarification to its December 01, 2009, section 203 
application, in response to the Commission's request.
    Any person desiring to intervene or to protest this filing must 
file in accordance with Rules 211 and 214 of the Commission's Rules of 
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be 
considered by the Commission in determining the appropriate action to 
be taken, but will not serve to make protestants parties to the 
proceeding. Any person wishing to become a party must file a notice of 
intervention or motion to intervene, as appropriate. Such notices, 
motions, or protests must be filed on or before the comment date. 
Anyone filing a motion to intervene or protest must serve a copy of 
that document on the Applicant and all the parties in this proceeding.
    The Commission encourages electronic submission of protests and 
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov. Persons unable to file electronically should submit an 
original and 14 copies of the protest or intervention to the Federal 
Energy Regulatory Commission, 888 First Street, NE., Washington, DC 
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the 
``eLibrary'' link and is available for review in the Commission's 
Public Reference Room in Washington, DC. There is an ``eSubscription'' 
link on the Web site that enables subscribers to receive e-mail 
notification when a document is added to a subscribed docket(s). For 
assistance with any FERC Online service, please e-mail 
<a href="/cdn-cgi/l/email-protection#bff9faedfcf0d1d3d6d1daeccacfcfd0cdcbffd9dacddc91d8d0c9"><span class="__cf_email__" data-cfemail="b8fefdeafbf7d6d4d1d6ddebcdc8c8d7caccf8deddcadb96dfd7ce">[email protected]</span></a>, or call (866) 208-3676 (toll free). For 
TTY, call (202) 502-8659.
    Comment Date: 5 p.m. Eastern Time on January 21, 2010.

Kimberly D. Bose,
Secretary.
[FR Doc. 2010-1010 Filed 1-20-10; 8:45 am]
BILLING CODE 6717-01-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
Exhibit 32.1








CERTIFICATE PURSUANT TO


18 U.S.C. SECTION 1350


AS ADOPTED PURSUANT TO


SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002








In connection with the Quarterly Report (the “Report”) on the Form 10-Q of Sweetwater Resources, Inc. (the “Company”) for the three months ended June 30, 2010, as filed with the Securities and Exchange Commission on the date hereof, I, Jose Madappilly, Chief Executive Officer, President and Director, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to the best of my knowledge and belief:





1. The Quarterly Report fully complies with the requirements of Section 13 (a) or 15 (d) of the Securities and Exchange Act of 1934, as amended; and





2. The information contained in this Quarterly Report fairly presents, in all material respects, the financial condition and results of operation of the Company.





Dated: July 18, 2010








JOSE MADAPPILLY


Jose Madappilly


Chief Executive Officer,


President and Director











-1-
* Pursuant to 5TH CIR. R. 47.5, the court has determined that

this opinion should not be published and is not precedent except

under the limited circumstances set forth in 5TH CIR. R. 47.5.4.

United States Court of Appeals

Fifth Circuit

FILED

June 14, 2005

Charles R. Fulbruge III

Clerk

UNITED STATES COURT OF APPEALS

FIFTH CIRCUIT

03-41071

Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

HERMANEGILDO ALANIZ,

Defendant-Appellant.

Appeal from the United States District Court

for the Southern District of Texas

(C-02-CR-340-5)

ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES

Before BARKSDALE, DeMOSS, and CLEMENT, Circuit Judges.

PER CURIAM:*

On a previous appeal, we affirmed Hermanegildo Alaniz’s gulity

plea conviction and sentence for conspiracy to possess more than

100 kilograms of marijuana with intent to distribute. United

States v. Alaniz, 03-41071, 2004 WL 1427086 (5th Cir. 23 June

2004). The Supreme Court granted a writ of certiorari; vacated the

judgment; and remanded for further consideration in the light of
2

United States v. Booker, 125 S. Ct. 738 (2005). Alaniz v. U.S.,

125 S. Ct. 1022 (2005).

Based on Apprendi v. New Jersey, 530 U.S. 466 (2000), Alaniz

first challenged the constitutionality of his conviction and

sentence, in his appeal to our court. Because Alaniz did not raise

in district court his objection to the constitutionality of his

sentence, our review is only for plain error. United States v.

Mares, 402 F.3d 511, 520 (5th Cir. 2005), petition for cert. filed,

(U.S. 31 Mar. 2005) (No. 04-9517). Under plain-error review, our

court may correct a defendant's sentence only if there is a clear

or obvious error that affects his substantial rights. E.g., United

States v. Cotton, 535 U.S. 625, 631 (2002). Even then, we retain

discretion whether to correct the error; generally, we will not do

so unless the error seriously affects the fairness, integrity, or

public reputation of judicial proceedings. Id.

Alaniz has met the first two prongs of plain error: the

district court erred in sentencing him under a mandatory, as

opposed to advisory, guidelines regime; and that error was “plain”.

To satisfy the third prong, Alaniz must show by “a reasonable

probability that, but for the error claimed, the result of the

proceeding would have been different”. United States v. DominguezBenitez, 124 S. Ct. 2333, 2339 (2004) (quotation and internal

brackets omitted). Thus, the inquiry is whether Alaniz can

demonstrate the result of his proceeding would have likely been
3

significantly different under an advisory regime. Mares, 402 F.3d

at 521. Alaniz has pointed to nothing in the record indicating

that the district court would have sentenced him differently under

an advisory sentencing regime. (For possible further review, he

maintains Mares is erroneous.) Therefore, he has not established

that his substantial rights were affected. Accordingly, we

reinstate our judgment affirming Alaniz’s conviction and sentence.

AFFIRMED
IN THE SUPREME COURT OF PENNSYLVANIA

EASTERN DISTRICT

SERGEI KOVALEV,

Petitioner

v.

IRINA STEPANSKY, DMD; JOHN DOE; 

HEALTH PARTNERS PLANS, INC.; 

WILLIAM S. GEORGE; AVESIS 

INCORPORATED; CHRIS SWANKER,

Respondents

:

:

:

:

:

:

:

:

:

:

:

:

:

:

No. 51 EAL 2020

Petition for Allowance of Appeal 

from the Order of the Superior Court

ORDER

PER CURIAM

AND NOW, this 30th day of June, 2020, the Petition for Allowance of Appeal is 

DENIED.
December 

### 15, 1958

Honorable Robert S. Calvert Opinion No. 

### W-535 Comptroller of Public Accounts Capitol Station Re: Whether an AssessorAustin, Texas Collector of taxes is authorized under Article 7336f to contractwi.tha corporation to compilehis Dear Mr. Calvert: delinquent tax records.

In your recent letter, after referring to Article 7336f, Vernon's Civil Statutes,youhave asked the following questlon: “1have beforeme the situationwhere the Assessor-Collector of taxes has contractedwith a corporation to compilehis delinquent tax record. Am I authorized to approve the contract? YLlhe whole questionhere is the rights of the Assessor-Collectorto contractwith a corporation for the purposes set forth in Senate Bill HO. 

### 231." S. B. 231,Acts 

### 1955, %th Leg., pe 650, ch. 226, and codified as Article 

### 7336f for the compilation of de!.- Vernon's Civil Statutes, provides mquent tax records by theAssessorCollector of taxes and concludeswith the following provisions:

"If for any reason the Assessor-Collector of taxes and his regular deputies are unable to perform the duties required by thisAct, then such Assessor-Collector shall contractwith a competent person or persons to compile, recompile or supplement the delinquent tax record, as the case may be,
. . ." Article 23, Vernon's Civil Statutes, providesas follows: YChe followingmeaning shall be given to each of the followingwords, unless a different meaning is apparent from the context:Honorable Robert S. Calvert, page 2 

### (W-535)

‘1.
. . "2. 'Person'includes a corporation. I,.
. u

. The annotations listed in 32 Words and Phrases 284 indicate the general Americandefinition as interpretedby the various Courts of the country to the effect that the word "person"when used in statutes includesa corporationas well as a natural person. In Q&h r &v. 

### 286 S.W.2d 291 (Tex.Civ.App.,1956) the Court gave effe& to ' Article 23, and approved the generai proposition that theword "personl'

includes a corporation. There is no language in Article 7336f which expresses a legislative intent that the Assessor-Collector shouldnot contractwith corporations to perform these services. It is the opinion of this office that the words "person or persons" as used in this statutewould authorize the Assessor-Collector to contractwith a person or a corporation.

Under the provisions of Article 7336f the Assessor-Collector is authorized to contract with an individual or a corporation to compile delinquent tax records. Very truly yours,

JIE:rm:wb APPROVED: OPINION COMMITTEE WILL WILSON

Geo. P. Blackburn, Chairman Elmer McVey Robert H. Walls Gordon Cass Houghton Brownlee REVIEWED FOR TBEATTORNEY GENERAL BY: W. V. Geppert
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Health and Human Services

###### Centers for Disease Control and Prevention

Part C (Centers for Disease Control and Prevention) of the Statement of Organization, Functions, and Delegations of Authority of the Department of Health and Human Services (45 FR 67772-76, dated October 14, 1980, and corrected at 45 FR 69296, October 20, 1980, as amended most recently at 72 FR 67308, dated November 28, 2007) is amended to reflect the title change for the Division of Nutrition, Physical Activity, and Obesity Prevention, National Center for Chronic Disease Prevention and Health Promotion, Coordinating Center for Health Promotion, Centers for Disease Control and Prevention.

Section C-B, Organization and Functions, is hereby amended as follows:

                    Delete in its entirety the title for the                     *Division of Nutrition, Physical Activity, and Obesity Prevention (CUCH)*                     and insert the Division of Nutrition, Physical Activity, and Obesity (CUCH).                

Dated: January 28, 2008.

Joseph Henderson, M.P.A., 

Acting Chief Operating Officer, Centers for Disease Control and Prevention (CDC).

[FR Doc. 08-486 Filed 2-4-08; 8:45 am]

BILLING CODE 4160-18-M